IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
TERRY GAYNOR, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D17-1426
MECO GAYNOR INOD & OBO
OCTAVIUS B. THORNTON,
Appellee.
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Opinion filed December 29, 2017.
An appeal from the Circuit Court for Duval County.
John I. Guy, Judge.
Terry Gaynor, pro se, Appellant.
No appearance for Appellee.
PER CURIAM.
Appellant challenges an order summarily denying his motion to dissolve a
domestic violence injunction. In his motion, he alleged that the injunction had
served its purpose and was no longer necessary because he had not had any contact
with the other party for the past 8 years, and he did not have any reason to be in
contact with her in the future. He further alleged he had a change in circumstances
because he was currently imprisoned, and the injunction prevented him from
participating in re-entry and work release programs. His motion was legally
sufficient, and thus the court’s summary denial without affording appellant a
meaningful opportunity to be heard violated due process requirements. See Kugler
v. Joosten, 58 So. 3d 323 (Fla. 1st DCA 2011); Colarusso v. Lupetin, 28 So. 3d
238, 239 (Fla. 4th DCA 2010). Thus, we REVERSE and REMAND for further
proceedings.
B.L. THOMAS, C.J., and WOLF and RAY, JJ., CONCUR.
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